My question involves real estate located in the State of: North Carolina
We purchased a property that has an easement running across the back that is 45" wide. In order to put the driveway in, our HOA requires the driveway to be paved to the garage. This would involve paving about 20 feet into the easement. We have tried getting the easement moved (at our expense) but the owner of the easement is difficult to work with. This easement is shared by 6 other lots, one of them serving as a driveway for a landlocked property. My questions are:
1. Since we own the property, do we have a right to pave on the easement without permission?
2. Can the HOA enforce the full paving rule or could we pave our portion and leave the easement portion alone?
3. Can we force the easement to be moved or reduced?
4. If all six lot owners can drive over our driveway, how do we handle any damage/maintenance to the paving?
Thank you.